Riders struck by careless drivers need the best medical care available so they can get back on their motorcycles and put their accidents behind them. Unfortunately, car insurance companies can ignore what should happen and try to provide less than what’s needed. They can even outright reject a claim when a driver is clearly at fault.
When this happens, motorcyclists don’t have to simply give up. They can file appeals with the insurer and even sue if necessary. These options usually become much more effective when handled by a skilled California motorcycle accident lawyer.
We’ll look at the most common ways to fight back after a motorcycle accident claim has been tossed out.
What Reasons Can Car Accident Insurance Companies Use to Deny Motorcycle Accident Claims?
Car insurance companies have gotten good at denying motorcycle accident claims. For years, they’ve relied on the unfair stereotypes of “reckless motorcyclists” to attempt to blame the rider for every accident. This sometimes works when injured riders don’t have legal protection and don’t question a ruling.
Motorcyclists can also inadvertently make mistakes that hurt their own injury claims.
Here are a few of the reasons a car insurance company may deny a motorcyclist’s claim:
- Claim there’s a lack of evidence
- Fine print in car insurance policies
- A dispute about the seriousness of injuries
- Driver claims innocence
- May claim a motorcyclist was speeding without proof
- Base a rejection on a motorcyclist’s accident record even though it has nothing to do with the case
- May try to avoid liability because a rider had no helmet on, but this doesn’t affect the fault in the case
Just because an insurer uses these excuses and others to reject your claim doesn’t mean they can back each decision up with evidence. A CHP accident report may clearly show that a motorcyclist wasn’t in the wrong, but insurers can reject a claim simply with the hope that the victim will give up on getting support.
A skilled lawyer can double-check every reason the insurer offers. A lawyer can check those loopholes that an insurer claims are in a car insurance policy. It’s possible they don’t even exist, or are being interpreted incorrectly. Insurance adjusters sometimes don’t even know what the fine print means.
Report the Car Insurance Company to The Department of Insurance
Once a reason for rejection is shown to be faulty logic, motorcyclists have several ways to kick the case back to the insurer and demand another look.
These are a few of the ways injured riders in California can seek support, even after having a claim rejected:
Filing a Complaint with the California Department of Insurance. Victims always have the option to report the car insurance company to the California Department of Insurance (CDI). A complaint would be filed. As with most overworked government agencies, a response can be slow. However, if an investigation uncovers bad behavior on the part of the insurer, the CDI can order an insurance company to pay the motorcyclist restitution for a falsely denied claim. That would mean compensation for all medical bills, lost income, and other hardships. The company can also be fined.
Filing an Insurance Appeal After a Motorcycle Accident. Victims can also take the claim back to the insurer and use the company’s appeals process to earn another chance at support. Riders should be aware that if they can’t add anything to their cases, the same outcome can be expected. However, with the help of a Maison Law attorney, a new investigation can be opened. A skilled lawyer would add to the evidence the motorcyclist already had, such as photos from the accident scene, and collect witness testimony. There may be surveillance video available that shows what happened. An accident reconstruction team could be brought in to provide additional proof of a driver’s fault. This new information can force an insurer to reverse its original decisions.
A Lawsuit. Most motorcycle accident claims are settled outside of court in a settlement. Car insurance companies want to avoid the cost of going before a judge and jury and the potential bad look for their business. However, when car insurers deny claims, victims sometimes have to file lawsuits to allow a judge to force them to do the right thing. It’s a good idea to have a good motorcycle accident lawyer before going into any trial. The process will be complex with plenty of complicated paperwork and deadlines to meet. Your lawyer represents the threat of a lawsuit and can often convince insurers to return to the settlement negotiations table, making a trial unnecessary.
When Do I Need a California Motorcycle Accident Lawyer?
If you are seriously injured in a motorcycle accident that was a careless driver’s fault, you should speak to a California motorcycle accident lawyer as soon as possible. If you’ve already filed an injury claim and been rejected, it’s also a good time to discuss your case with a lawyer.
If your case was originally thrown out, don’t give up hope! Maison Law offers a free case consultation to all victims, so they can be aware of what their injuries are worth and what they should demand from an insurer.
There’s no obligation, but if you need our help to hold an insurance company liable, you won’t need any money. There are no up-front costs to hire our lawyers. We also don’t get paid if we don’t win your case or appeal. If we win, our fee comes out of the settlement check that an insurer must write for you.
